Poker Winnings - cancelled benefits

pokerpad

I have just spoken to my council regarding poker/gambling winnings.

In the month they are looking into I had approx £1,000 of poker winnings put into my account.

They have said that this is classed as 'income' and therefore I have to pay back housing benefits of approx £400 as I declared myself as 'not working' in that month.

Is it worth arguing the case? If they are right, I have more receipts at other points in the year so maybe I should just pay.

Surely they have to take into account the times I have lost aswell?!

Seems a bit dodgy to me. There must be loads of unemployed people in the bookies etc. I just happen to be quite good

Any advice would be greatly appreciated.

Bob_the_Saver

If you're taking OUR money to pay your housing costs DON'T WASTE IT ON GAMBLING or we won't give you any more and want what we have paid you back...

Seems fair to me.

pokerpad

OK then - not very useful.

I'm willing to pay it back. I openly said that I had received money in this way, but I'm also not just going to give them money without questioning it as they didn't even seem sure themselves.

I have always paid tax but was between jobs at the time and gave poker a go.

Like I said, I'm sure thousands of people do it on a daily/yearly basis and with the whole net effect of winning/losing I just wanted to know the official policy, rather than somebody that clearly didn't know for sure.

fluffymovie

Money which is received on a regular basis can be treated as income for HB purposes.

As HB / CTB is means tested, we only look at the income you have coming in and not the money that you spend out.

If you think their decision is wrong, ask for a statement of reasons and ask for the relevant regulation.

Tbh, viewing from common sense not HB head, if had £1000 winnings, you should be able to pay your rent yourself but that is only my view and as I said, if you think their decision is wrong, ask them to explain it.

However, i have now found a commissioners decision which may or may not apply. It is hard to post as so long and the site I used is for registered HB users only so can't post but if you google Housing Benefit Commissioners Decisions CH/412/2007 and CH/4143/2007 - it may help.

The tribunal service do have a website where you can search for these

iamana1ias

pokerpad wrote: »

OK then - not very useful.

I'm willing to pay it back. I openly said that I had received money in this way, but I'm also not just going to give them money without questioning it as they didn't even seem sure themselves.

I have always paid tax but was between jobs at the time and gave poker a go.

Like I said, I'm sure thousands of people do it on a daily/yearly basis and with the whole net effect of winning/losing I just wanted to know the official policy, rather than somebody that clearly didn't know for sure.

Is that the tax that you are now reclaiming in full?

cassieB57

I would not agree that gambling winnings are 'income' rather they should be treated as 'capital' since they cannot be deemed to be regular, are not paid in installments, and are paid without reference to a period. Each payment is a 'one-off' by its very nature. I'd ask for the relevant Housing Benefit Regulation they have used to decide that it is income.

suited-aces

Since this stupid government define poker as a game of chance, then it's definitely not income.

real1314

Raver69 wrote: »

Gambling winnings CANNOT counted or treated as income by the benefits service, and so you have no legal obligation to repay any money.

This is complete nonsense. I'd love to see it backed up by a reference to legislation, or the decision makers guide.

All bookmakers income is from gambling, and IS treated as income by all agencies involved in the tax / benefits system. Some gamblers are treated by the tax authorities as professional gamblers too.

It all depends on the way the gambling is carried out.

suited-aces

In theory couldn't the same be said for a sole trader who traded erratically? They would just look back at the end of the tax year if they were to treat it as income.

Peanuckle

http://www.hmrc.gov.uk/manuals/bimmanual/BIM22015.htm

withabix

Gambling winnings are treated as capital - how much have you got in savings??

As for the winnings themselves, you will be asked to prove they are from gambling I expect.